Afghanistan
Inside the Guant
A bruised-up detainee rejects the proceedings, and his lawyer discovers that military officials withheld records about his client's mental health.
As a former federal defender, I’ve been to countless court hearings, but Wednesday was the first time I had to take a speedboat, equipped with two M2 50-caliber machine guns, to get to court. That’s because Wednesday was also my first experience with the military commissions at the Guantánamo Bay Naval Base, where the U.S. government is putting 15 terror suspects on trial.
The first hearing was an arraignment of Mohammad Kamin, a thin, frail Afghan, estimated to be about 30 years old, whom the United States accuses of providing material support for terrorism by receiving arms training at an al-Qaida camp in Afghanistan for several months in 2003.
Although Kamin was apprehended five years ago, he was not charged with a crime until March 2008. Wednesday was his first judicial hearing.
It was also the first time the judge, Air Force Col. W. Thomas Cumbie, presided over a military commission, and the first time for both the prosecutor, Maj. Omar Ashmawy, and the military defense counsel, Lt. Richard Federico, to appear at one.
The hearing was supposed to begin at 9 a.m., but Kamin apparently wanted to boycott he hearing. So Judge Cumbie signed a “forcible extraction” order authorizing guards to forcibly bring Kamin to court. Nongovernmental organizations such as Human Rights Watch are forbidden any access to the camps where detainees are held, and we were not permitted to witness Kamin’s transfer from camp to court. By 11:30 a.m., Kamin was seated in handcuffs and shackles, staring at his lap, with cuts and scrapes on his neck and chin, and a swollen right eye. Cumbie said that during his forced transport that morning, Kamin was uncooperative and tried to spit on and bite one of the guards.
When given a chance to address the court, Kamin said he did not want to participate in the hearings and did not want to be represented by an attorney because he didn’t believe he could get justice at Guantánamo.
“I don’t accept these charges. There is no justice with me,” he told the court, through an interpreter. “I am oppressed. I have been brought by force. I didn’t want to come to this court. They have been cruel to me — your strong people.”
Before being transported to Guantánamo, Kamin was detained at the U.S. military base at Bagram, in Afghanistan — which, like Guantánamo, has been criticized for its abusive treatment of prisoners. “I came from Bagram on my own will,” he said. “There were a lot of problems in Bagram. They told me in Cuba they would help detainees. I didn’t know things would go from bad to worse.”
During the hearing, Federico, Kamin’s defense counsel, said he had learned for the first time on Tuesday that authorities at Guantánamo were withholding records indicating Kamin might suffer from mental health issues.
Cumbie ordered the government to make those records available. When asked to broaden that order to include medical and dental records, the judge replied: “Let me think that one over and get back to you.”
Federico raised some of the problems confronting military defense lawyers before the commission: “We are faced with huge obstacles in this system in trying to establish any kind of rapport when detainees are held for years without charge, facing very difficult situations, and their lawyers are finally sent in, wearing the same uniform as their jailers.”
Federico argued he lacks the authority to represent someone who declines representation. After taking a recess to “think for a few minutes,” Cumbie returned, emphasized his own qualifications as judge under the commission rules, and ordered Federico to represent Kamin — at least for the time being.
Federico later indicated he might travel to Indiana to seek guidance from the ethics committee of his home state bar to determine his obligations in this case.
Carol Chodroff, a former federal public defender in San Diego, is the advocacy director of the U.S. Program of Human Rights Watch. More Carol Chodroff.
Memorial Day’s lessons in amnesia
If nothing else, the holiday allows us to reflect on our commitment to forgetting bloody conflicts
(Credit: Carly Rose Hennigan via Shutterstock) It’s the saddest reading around: the little announcements that dribble out of the Pentagon every day or two — those terse, relatively uninformative death notices: rank; name; age; small town, suburb, or second-level city of origin; means of death (“small arms fire,” “improvised explosive device,” “the result of gunshot wounds inflicted by an individual wearing an Afghan National Army uniform,” or sometimes something vaguer like “while conducting combat operations,” “supporting Operation Enduring Freedom,” or simply no explanation at all); and the unit the dead soldier belonged to. They are seldom 100 words, even with the usual opening line: “The Department of Defense announced today the death of a soldier who was supporting Operation Enduring Freedom.” Sometimes they include more than one death.
Continue Reading CloseTom Engelhardt, co-founder of the American Empire Project, runs the Nation Institute's TomDispatch.com. His latest book, "The United States of Fear" (Haymarket Books), has just been published. More Tom Engelhardt.
Where the wounded are
Wars don't just cause casualties among soldiers, they drain medical staff. I traveled to see the costs firsthand
A soldier is prepared for an operation at Landstuhl Regional Medical Center. (Credit: Reuters/Kai Pfaffenbach) The weather’s getting warmer in Afghanistan and the war there is heating up again. That means – as it has meant every year for more than a decade — that the pace will quicken at the Landstuhl Regional Medical Center in Germany. More casualties will be brought to this largest American military hospital outside the United States. The Critical Care Air Transport teams and their C-17 Globemasters will fly in from “downrange,” as they call the Afghan battleground, and the injured will be brought by ambulance bus from nearby Ramstein Air Force Base to the hospital front door.
Continue Reading CloseMichael Winship is senior writing fellow at Demos and a senior writer of the new series, Moyers & Company, airing on public television. More Michael Winship.
NATO invites Pakistan to summit
A sign that Islamabad is ready to reopen its western border to NATO troops on their way to Afghanistan
Oil tankers, which were used to transport NATO fuel supplies to Afghanistan, are parked at a compound in Karachi, Pakistan, Tuesday, May 15, 2012. NATO on Tuesday invited Pakistani President Asif Ali Zardari to the alliance's summit in Chicago, after signs that the country could be moving to reopen its Afghan border to NATO military supplies. (AP Photo/Shakil Adil)(Credit: AP) ISLAMABAD (AP) — NATO on Tuesday invited Pakistan’s president to the upcoming Chicago summit on Afghanistan, the strongest sign yet that Islamabad is ready to reopen its western border to U.S. and NATO military supplies heading to the war in the neighboring country.
Pakistan blocked the routes in November after American airstrikes killed 24 of its troops on the Afghan border. The attack sent ties between Washington and Islamabad to new lows, threatening regional cooperation needed for negotiating an end to the Afghan war.
Continue Reading CloseAfghanistan, I can’t quit you
My mom pushed me to join the Marines. Now that she's gone, I'm still drawn to war zones
A child flies a kite in Kabul on Tuesday Mar. 27, 2012. (Credit: Geoffrey Ingersoll) The heat. That’s what I remember most. Shimmery and bright. Blinding. Stifling. Heeee-eeaat.
The kind that’s not just on you, wrapped around you, but balled up and pulsing inside you — a desert blanket with teeth. It’s a type of heat that makes your skin cry and your eyeballs sweat, even in the shade; heat like a predator you can’t run away from.
I notice it right as I get off the plane — not just the degrees but also the dust. Dust you can smell, kicked up by a thousand years of struggle. In a region this old, I’m sure each breath carries a dose of unintended history: Inhale, Alexander the Great; exhale, the Ottoman Empire; inhale, the USSR; exhale, the Taliban.
Continue Reading CloseGeoffrey Ingersoll is a freelance journalist, documentarian, writer, photographer, and veteran of Operation Iraqi Freedom. He is the recipient of the Sam Stavisky Award for Combat Reporting. More Geoffrey Ingersoll.
What Obama didn’t mention in Kabul
Just outside the Afghan capital, the Taliban is in control and preparing for a wider war
President Barack Obama addresses troops at Bagram Air Field, Afghanistan, Wednesday, May 2, 2012. (AP Photo/Charles Dharapak)(Credit: AP) MAHMUD RAQI, Afghanistan — The office of Kapisa’s governor sits high on a hilltop overlooking the provincial capital, Mahmud Raqi. It has a beautiful view of the river below and the mountains, trees and fields that stretch into the distance.
Beneath the tranquil surface, however, lies a grim truth. Just outside town roadside bombs are planted to target NATO convoys.
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